Car accidents can be stressful and financially draining, but they can become even more complicated when the at-fault driver doesn’t have insurance or lacks sufficient coverage to compensate for your damages. In California, uninsured/underinsured motorist (UM/UIM) coverage can provide critical financial protection in these situations. However, understanding how this coverage works and what steps to take after an accident with an uninsured or underinsured driver is crucial to ensuring that you receive the compensation you deserve.
In this guide, we’ll discuss how uninsured/underinsured motorist coverage works in California and provide a detailed outline of what to do when you’re involved in an accident with a driver who lacks adequate insurance.
California law requires all drivers to carry liability insurance to cover damages they cause to others in an accident. However, not all drivers follow this law. According to the Insurance Research Council, approximately 16% of drivers in California are uninsured, and many more carry only the minimum required coverage, which may not be enough to cover serious injuries or property damage.
This is where uninsured/underinsured motorist (UM/UIM) coverage comes into play. This type of insurance is designed to protect you if you’re involved in an accident with a driver who:
UM coverage provides compensation if the at-fault driver has no liability insurance. It typically covers:
UIM coverage applies when the at-fault driver has insurance, but their coverage limits are too low to fully compensate you for your losses. In this case, your UIM policy can make up the difference between the at-fault driver’s coverage and the total amount of your damages, up to your policy’s limits.
For example, if your damages total $100,000, but the at-fault driver’s insurance only covers $50,000, your UIM coverage could pay the remaining $50,000 (subject to your policy limits).
No, UM/UIM coverage is not required by California law. However, insurance companies are required to offer it to policyholders. You can choose to waive it in writing, but doing so may leave you vulnerable if you’re ever in an accident with an uninsured or underinsured driver.
Given the high number of uninsured drivers in California, carrying UM/UIM coverage is highly recommended to protect yourself from financial hardship after an accident.
If you’re involved in an accident where the at-fault driver is uninsured or underinsured, it’s important to follow these steps to protect your rights and maximize your chances of receiving compensation.
Even if the accident seems minor, reporting the incident to the police is crucial. A police report provides an official record of the accident, which can be critical for your insurance claim. Be sure to inform the responding officer if the other driver does not have insurance.
Ask for a copy of the police report or instructions on how to obtain it later. Insurance companies often require this document when processing uninsured or underinsured motorist claims.
If it’s safe to do so, gather as much evidence as possible at the accident scene. This includes:
This evidence can strengthen your case when filing a claim with your insurance company.
Even if the other driver lacks insurance, you should still exchange information. Ask for their driver’s license and any other relevant details. If they refuse to cooperate or become confrontational, inform the police and avoid escalating the situation.
Even if you don’t feel injured immediately after the accident, it’s important to seek medical attention as soon as possible. Some injuries, such as whiplash or internal injuries, may not show symptoms right away. Prompt medical evaluation not only ensures your health but also provides documentation for your insurance claim.
Be sure to keep records of all medical visits, treatments, and expenses related to the accident.
Contact your insurance provider to report the accident and inform them that the other driver was uninsured or underinsured. Your insurance company will guide you through the process of filing a UM/UIM claim.
Be honest and accurate when providing details about the accident, but avoid making statements that could be interpreted as admitting fault. Insurance adjusters may try to minimize your claim, so it’s important to stick to the facts.
When filing a UM/UIM claim, your insurance company may require:
Keep detailed records of all correspondence with your insurance company, including dates and the names of representatives you speak with.
Insurance companies may try to delay, deny, or reduce your compensation, even under your own UM/UIM policy. Working with an experienced car accident attorney can help protect your rights and ensure that you receive the full amount you’re entitled to.
An attorney can:
At Khalil Law Group, we have extensive experience handling uninsured and underinsured motorist claims. We’re here to help you secure the compensation you deserve.
California has specific deadlines, known as statutes of limitations, for filing car accident claims. Generally, you have:
However, your insurance policy may have shorter deadlines for filing UM/UIM claims, so it’s important to act quickly.
Navigating an uninsured or underinsured motorist claim can be challenging, especially when dealing with medical bills, vehicle repairs, and lost income. At Khalil Law Group, we understand the complexities of California’s insurance laws and are dedicated to helping accident victims recover the compensation they need.
Our team will:
If you’ve been involved in an accident with an uninsured or underinsured driver in California, don’t face the legal and financial challenges alone. Contact Khalil Law Group for a free consultation to discuss your case. We’ll help you understand your rights and fight for the compensation you deserve.